14 year disqualification for acting as a director of construction company whilst disqualified.
Eoin Frederick Murray, acted as a director of South Devon Construction SW Ltd (“SW”), a construction company based in South Devon and has been disqualified as a director for 14 years for acting as a director whilst disqualified.
David John Constable, the de jure director of SW has also been disqualified as a director for 7 years for allowing Mr Murray to act as a director despite knowing that Mr Murray was disqualified.
Eoin Frederick Murray’s disqualification from 4 November 2014 means that he cannot promote, manage, or be a director of a limited company until 2028.
David John Constable’s disqualification from 10 November 2014 means that he cannot promote, manage, or be a director of a limited company until 2021.
Commenting on this case Paul Titherington, Official Receiver in the Public Interest Unit, said:
Mr Murray has been subject to 2 previous disqualification orders and had shown a blatant disregard for the insolvency proceedings. This further disqualification means that he will be unable to act as a director for an extended period of time and giving significant protection to the trading community and the public purse” .
Mr Constable is also culpable in allowing Mr Murray to act as a director despite having knowledge that he was disqualified from doing so. This disqualification should notify others that the Insolvency Service will not ignore abrogation of responsibilities.
The disqualifications follow investigations by Companies Investigation Live part of the Insolvency Service who also wound up 4 other connected companies, namely South Devon Construction Ltd, South Devon Services Ltd, South Devon Construction Exeter Ltd and Nationwide Shopfitters Ltd on the basis that Mr Murray was acting as a director of these companies whilst disqualified and The Public Interest Unit a specialist team within the Insolvency Service who investigated the conduct of the directors.
The investigation uncovered that between 19 November 2010 and 14 August 2012 Mr Murray acted as a director of SW in communications with various third parties and sub-contractors despite being subject to 2 disqualification orders as well as being bankrupt. All of this activity was undertaken without leave of the court to act as a director. Mr Constable, as de jure director, allowed this conduct to occur.
Notes to Editors
South Devon Construction SW Ltd was incorporated on 19 November 2010. Its last trading address was Unit 4, Marble Court, Lymington Road, Torquay TQ1 4FB.
The petition to wind up the company was presented by Speedy Asset Services Ltd on 23 January 2012. The winding up order was made against South Devon Construction SW Ltd on 14 August 2012.
On 14 October 2014 the Secretary of State for Business, Innovation and Skills accepted an undertaking from Mr Murray that Mr Murray would be disqualified for a period of 14 years.
On 20 October 2014 the Secretary of State for Business, Innovation and Skills accepted an undertaking from Mr Constable that Mr Constable would be disqualified for a period of 7 years.
A disqualification order has the effect that without specific permission of a court, a person with a disqualification cannot:
- act as a director of a company;
- take part, directly or indirectly, in the promotion, formation or management of a company or limited liability partnership;
- act as an insolvency practitioner; or
- be a receiver of a company’s property.
In addition many other restrictions are placed on disqualified directors by other regulations.
Disqualification undertakings are the administrative equivalent of a disqualification order but do not involve court proceedings.
Further information on director disqualifications and restrictions can be found at https://www.gov.uk/government/collections/information-about-company-director-disqualification
The Insolvency Service administers the insolvency regime, investigating all compulsory liquidations and individual insolvencies (bankruptcies) through the Official Receiver to establish why they became insolvent. It may also use powers under the Companies Act 1985 to conduct confidential fact-finding investigations into the activities of live limited companies in the UK. In addition, the agency authorises and regulates the insolvency profession, deals with disqualification of directors in corporate failures, assesses and pays statutory entitlement to redundancy payments when an employer cannot or will not pay employees, provides banking and investment services for bankruptcy and liquidation estate funds and advises ministers and other government departments on insolvency law and practice.
Further information about the work of the Insolvency Service, and how to complain about financial misconduct, is available from: https://www.gov.uk/government/organisations/insolvency-service
All public enquiries concerning the affairs of the company should be made to: The Official Receiver, Public Interest Unit (London), The Insolvency Service, 2nd Floor, 4 Abbey Orchard Street, London WC1B 3SS. Tel: 020 7637 6412 Email: email@example.com
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Published: 30 December 2014
From: The Insolvency Service